Terms & Conditions

Chow Cafe Terms and Conditions | Updated 03 January 2019

Introduction

1. The Chow Cafe software application and website at www.chowcafe.co.za (the “App”) is available for download from various app stores identified by Chow Cafe from time to time, on compatible electronic devices, or accessible through the website. The App is owned and operated by Dinnative Technologies (Proprietary) Limited (“Chow Cafe”, “we”, “ us” and “our”).

2. The App enables users to order and purchase food and other items (the “ Food”) from any of the restaurants or other food/snack outlets listed on the App (each a “ Restaurant”).

3. These terms and conditions (“ Terms and Conditions”) govern the ordering, sale, delivery and pickup or collection of Food and the use of the App and Telephone Service.

4. These Terms and Conditions are binding and enforceable against every person that accesses or uses the App/Website or Telephone Service (“you”, “your” or “ user”), including without limitation each user who registers as contemplated below (“ registered user”). By using the App or Telephone Service, you acknowledge that you have read and agree to be bound by these Terms and Conditions. You must not use the App (Chow Cafe) if you do not agree to the Terms and Conditions.

2. Important Notice

1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act 2008 (the “CPA”).

2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -

2.1 may limit the risk or liability of Dinnative Technologies (Pty) Ltd owner of Chow Cafe or a third party; and/or

2.2 may create risk or liability for the user; and/or

2.3 may compel the user to indemnify Dinnative Technologies (Pty) Ltd or a third party; and/or

2.4 serve as an acknowledgment, by the user, of a fact.

2.5 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.6 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility contact Chow Cafe representative to explain it to you before you accept the Terms and Conditions by continuing to use the App or Telephone Service.

2.7 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Chow Cafe in terms of the CPA.

2.8 These Terms and Conditions are divided into two sections, as follows:

Part A – Orders and Sales.

Part B – General Legal Terms.

PART A – ORDERS AND SALES

3. How it works

You may order Food either via the App or Telephone Service. At the time of order, you are required to indicate your address, and then you will be given a selection of Restaurants. You will only be allowed to order Food from that selection of Restaurants, which fall within the prescribed area (as determined by Chow Cafe from time to time) surrounding your given address.

We will indicate on the relevant product and checkout pages in the App which Food items are for sale by a particular Restaurant. You can only order Food from one Restaurant at a time, in each order that you place.

You can only place orders for Food from a Restaurant provided that it is open for business and active on the App. You may only place orders for liquor products during the hours permitted by law. We may at any time suspend or terminate the availability of a Restaurant, menu or menu item on the App, in our sole discretion.

You acknowledge that, notwithstanding that the Food may be ordered via the App or Telephone Service, you place such order with the relevant Restaurant. The sale of Food (formed on acceptance of an order, as set out in clause 5.2) is solely between the registered user and the relevant Restaurant. Neither Chow Cafe nor any party attending to the Delivery (if applicable) is a party to that sale of Food. Chow Cafe only provides the platform to facilitate transactions between Restaurants and registered users in relation to the Food. Chow Cafe is neither the buyer nor the seller of the Food. Any claims the registered user may have in respect of the Food shall be against the relevant Restaurant.

Because we want you to have a safe and consistent experience, Chow Cafe will be your first point of contact for any complaints arising out of or in connection with the sale of Food between a registered user and a Restaurant. Should such complaint escalate into being a dispute, although Chow Cafe is entitled to become involved in an attempt to resolve it, Chow Cafe is not obliged to do so and any disputes must be resolved between the registered user and the relevant Restaurant.

4. Registration and use of the App and Telephone Service

Only registered users may order Food via the App or Telephone Service.

To register as a user via the App, you must provide Chow Cafe with your unique email address or telephone number, personal details and any other relevant information required. You will thereafter be requested to select your own password or be issued a randomly generated password (which you may subsequently change). If you register as a user via the Telephone Service, we will register your user account on the App and such account will be available to you for ordering Food either via the App or Telephone Service in future.

You will need to use your unique username and password to place an order via the App, and your unique username to place an order via the Telephone Service. You agree that a Chow Cafe operator may CALL or SMS you to confirm your personal details, order information and amount owed. For security purposes you agree to enter your correct username and password whenever ordering Food via the Chow Cafe App and to provide your correct username whenever ordering Food via the Telephone Service, failing which we will not process your order.

You agree and warrant that your username and password (if applicable) shall: - Be used for personal use only; and

-Not be disclosed by you to any third party.

- You agree that, once your correct username and password have been entered (in relation to the Chow Cafe App), or once your correct username has been given (in relation to the Telephone Service), irrespective of whether the use of the email or username and/or password is unauthorized or fraudulent, you will be liable for payment of any resulting order.

- You agree to notify Chow Cafe immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and/or password and to take steps to minimise any resultant loss or harm.

- You may post reviews voluntarily on the App which will be viewable by other users, regarding your order and the service you received. You will, however, be specifically required to rate the Food and Self-collection (whichever is applicable) after receiving your order, before placing a new order. If the rating is below 60%, you will be required to provide reasons for such a rating. Any mandatory ratings and/or comments were given by you will be treated confidentially, provided that we may use such information to determine aggregated ratings which will be posted on the App and will be publicly viewable. You may not use the App to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. We are entitled, at any time in our sole discretion, to remove any reviews and/or comments posted by you in contravention of this clause.

- You agree that you will not in any way use any device, software or other instruments to interfere or attempt to interfere with the proper working of the App. You may use the App only for lawful purposes and may not in any way (including without limitation by use of any robot, spider, other automatic device or manual process) monitor, distribute, display, publish, copy, print, post, modify or otherwise use the App and/or the information contained therein without the express prior written consent of an authorised Chow Cafe representative.

1. Conclusion of Sales and availability of Food

1. Registered users may place orders for Food, which the Restaurant and/or Chow Cafe may accept or reject. The placing of an order will happen when payment is made by credit card, or when payment by cash is confirmed on the App or Telephone Service. Whether or not the Restaurant and/or Chow Cafe accepts an order depends on various factors, including but not limited to, the availability of Food, capacity, correctness of the information relating to the Food (such as the price) and receipt of payment or payment authorisation (if applicable) by Chow Cafe for the Food.

2. NOTE: Chow Cafe will indicate the acceptance of your order (by Chow Cafe and the Restaurant) by way of SMS or email (“Acceptance Notice”), and only at that point will agreements of sale (the “Sale”) come into effect between you and:

-the Restaurant in respect of the Food; and

This is regardless of any earlier communication from the Restaurant and/or Chow Cafe stating that your order or payment has been confirmed. Chow Cafe will indicate the rejection of your order by cancelling it, notifying you thereof and, as soon as possible thereafter, refunding you for any amount already paid.

0. Prior to the Food being delivered to your nominated address or you being notified that the Food is ready for collection (as applicable), we may reject an order or cancel a Sale at any time due to: (i) the Restaurant being unable to fulfil the order; (iii) any other reason in Chow Cafe’s sole discretion.

1. Should you wish to retract your order, you should contact Chow Cafe via telephone immediately, and Chow Cafe will use its reasonable endeavours to effect such retraction. You will not be able to retract your order via the App, or after an Acceptance Notice has been generated. You will not be able to change your order after placing it, but may be able to retract it (subject to the above), and place a new one.

2. Placing Food in your shopping basket on the App without completing the purchase cycle does not constitute an order for Food, and as such, Food may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Chow Cafe and/or the Restaurant liable if such Food is not available or is not available at a particular price when you complete or attempt to complete the purchase cycle at a later stage.

3. Chow Cafe relies on information supplied to it by the Restaurants relating to the Food, and Chow Cafe accordingly bears no liability for any inaccuracies in such information supplied to it. You acknowledge that stock of all Food on offer may be limited. Chow Cafe will take reasonable efforts to ensure that when Food is no longer available, offers thereof are discontinued on the App. However, we cannot guarantee the availability of Food. When Food is no longer available after you have placed an order, Chow Cafe will notify you thereof and reject your order or cancel the Sale, in which event you will be entitled to a refund of the amount paid by you for such order.

4. You also acknowledge that the pricing of Food may change at any time without notice to you, but no price change will affect any Food ordered in respect of which you have received an Acceptance Notice, except in the case of an obvious pricing error. In the event of an obvious pricing error, we may reject your order or cancel the Sale at any time and you will be entitled to a refund of the amount paid by you for such order.

5. Any dispute regarding inaccurate information relating to a Restaurant or Food, Food pricing errors or sold-out Food should be resolved between you and the relevant Restaurant; your respective rights and obligations being as set out in these Terms and Conditions.

6. It is your responsibility to establish from the relevant Restaurant which ingredients will be used when preparing the Food and make the necessary arrangements with such Restaurant to exclude any ingredients if you have any allergies or special requirements. We cannot and do not guarantee that the Food will be free of allergens and we disclaim any liability relating to any ingredients or allergens contained in Food.

2. Minors and liquor

0. By using the App (Chow Cafe) or Telephone Service you warrant that you are 18 years of age or older and of full legal capacity. If you are under the age of 18 or if you are not legally permitted to enter into a binding agreement, then you may use the App or Telephone Service only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then he/she agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

1. Restaurants may not sell liquor or tobacco products to you if you are under the age of 18 (regardless of any supervision by a parent or guardian). You may be requested to provide proof of your age before receiving any liquor or tobacco products ordered via the App or Telephone Service.

2.

3. Charges

For each order, you will be charged:

1.the total Food price by the relevant Restaurant;

2.where you have ordered from certain Restaurants as indicated on the App, a personal shopper fee by Chow Cafe may be charged in addition and

3. where you have ordered Food using the Telephone Service, a Telephone Service Fee by Chow Cafe.

where such charges are as reflected on the App at the time you place the order (together, the “ order charges ”).

4.The invoice will be sent to you by email and will also reflect the price of the purchased Food as a line item. Please contact the relevant Restaurant directly if you require a VAT invoice in respect of the purchased Food. Contact details of the Restaurant can be requested from Chow Cafe’s national call centre. If any Restaurant fails to provide you with the invoice within 5 business days after your request, you may notify us thereof and we will endeavour to obtain and provide you with the required invoice as soon as possible.

4. Payment

1.Chow Cafe will receive payment of all order charges and will pay the Food-related portion thereof to the relevant Restaurant. We are authorised to receive payment for the Food on behalf of the Restaurant and payment made by you to us for the full price of the Food will discharge your payment obligations to the Restaurant.

2.Payment for your order can be made in the following ways:

3.Credit Card : Payment by credit card may only be made when an order is placed via the App (not via the Telephone Service). Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned by Dinnative Technologies (Pty) Ltd or under Dinnative Technologies (Pty) Ltd control, and for which you acknowledge Dinnative Technologies (Pty) Ltd is not responsible in law. Such payment gateway is however committed to upholding strict security standards, you agree that Chow Cafe store may store credit card details for future payments. We are entitled to withhold processing the order until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Food will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the order charges. You also warrant that your credit card has sufficient available funds to cover all the order charges; You warrant that you are fully authorised to use the credit card supplied for purposes of paying the order charges. You also warrant that your credit card has sufficient available funds to cover all the order charges ; and

4.Instant EFT and Cash on delivery or Cash on Pick Up: Cash payments may only be made to Chow Cafe or its nominee upon receipt of the Food by means (not Self-collection), whether the order was placed via the App or Telephone Service. By selecting this option, you undertake to ensure that you have sufficient cash on hand at the time of delivery to cover the order charges.

5.If you have a promotional coupon or discount (“ Coupon”) that you wish to use with your order, you may only do so via the App (not the Telephone Service). Please see clause 12 for more information about Coupons.

6.The above payment options are explained in more detail in our FAQ section, which is incorporated by reference (which means that it is deemed to form part of these Terms and Conditions).

5. Errors

We shall take all reasonable efforts to accurately reflect or inform you of the Food description, availability, purchase price and Telephone Services charges via the App or Telephone Service. However, should there be any errors of whatsoever nature on the App or Telephone Service (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to an order or Sale based on any error, the rejection of an order or the cancellation of a Sale, save to the extent of refunding you for any amount already paid .

6. Complaints

1. We want you to be happy with your purchase. Please let us know by telephone or email as soon as possible if there is a problem with your Food quality and/or temperature, if you receive the wrong Food or if you receive Food which is not as described on the App.

2. Save where we determine in our sole discretion that the cause for the complaint was due to the fault of Chow Cafe, we will communicate your complaint to the relevant Restaurant, and thereafter the matter will need to be resolved by the parties to the Sale of Food, being you and the Restaurant, and Chow Cafe shall bear no liability in relation to such complaint.

7. Coupons

1. Chow Cafe may from time to time make Coupons or Promos available for use on the App towards the purchase of Food. Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.

2. Coupons are issued in Chow Cafe’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason. Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.

3. As a general rule, and unless specified otherwise on the specific Coupon itself:

- Each Coupon can only be used once;

- Only one Coupon can be used per order;

- Only one Coupon can be used per person per promotion/campaign on the App;

- A Coupon must be used at check-out – it cannot be used later on existing orders;

-Coupons with a percentage discount offer may only be redeemed on purchases with a total cart value less than R2,000; and

-The value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.

0. Coupons cannot be used to buy other Coupons, and cannot be exchanged or refunded for cash or credit. However, if you use a Coupon and your order is rejected or your Sale is cancelled, your Coupon will be made available for use again.

1. Chow Cafe | Dinnative Technologies (Pty) Ltd is not responsible for any loss or unauthorised use of a Coupon.

PART B – GENERAL LEGAL TERMS

8. Changes to these Terms and Conditions

1. Chow Cafe may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the App or Telephone Service.

2. Any such change will only apply to your use of the App or Telephone Service after the change is displayed in these Terms and Conditions. If you use the App or Telephone Service after such amended Terms and Conditions have been displayed, you will be deemed to have accepted such changes.

3. Electronic communications

When you use the App or Telephone Service, or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our Privacy Policy as set out in Part B above.

9. Ownership and copyright

1. The contents of the App, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in the App (“ App Content”) are protected by law, including but not limited to copyright and trade mark law. The App ( Chow Cafe) Content is the property of Dinnative Technologies (Pty) Ltd, its advertisers and/or sponsors, and/or is licensed to Dinnative Technologies (Pty) Ltd.

2. You will not acquire any right, title or interest in or to the App or the App Content.

3. Any use, distribution or reproduction of the App Content is prohibited unless expressly authorised by an authorised Chow Cafe representative or otherwise provided for in law. To obtain permissions for the commercial use of any App Content, e-mail: [email protected],za.

4. Where any of the App Content has been licensed to Dinnative Technologies (Pty) Ltd or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions which are notified to you as being applicable.

10. Disclaimer

1. The use of the App(Chow Cafe) or Telephone Service is entirely at your own risk and you assume full responsibility for any risk or loss resulting from such use or reliance on any information on the App or communicated via the Telephone Service.

2. Whilst Dinnative Technologies (Pty) Ltd takes reasonable measures to ensure that the content of the App(Chow Cafe) or as communicated via the Telephone Service is accurate and complete, Dinnative Technologies (Pty) Ltd makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the App or Telephone Service, or as to the accuracy, completeness or reliability of any information on the App or communicated via the Telephone Service. If any such representations or warranties are made by Chow Cafe’s representatives, Chow Cafe shall not be bound thereby.

3. Dinnative Technologies (Pty) Ltd disclaims liability for all damage, loss or expense, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the App( Chow Cafe) or Telephone Service and/or any content therein unless otherwise provided by law.

4. Any views or statements made or expressed on the App( Chow Cafe) or via the Telephone Service are not necessarily the views of Chow Cafe, its directors, employees and/or agents.

5. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Dinnative Technologies (Pty) Ltd also makes no warranty or representation, whether express or implied, that the information or files available on the App (Chow Cafe) are free of viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Chow Cafe, its employees, agents or authorised representatives. Dinnative Technologies (Pty) Ltd thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the App.

11. Linked third party websites

1. The App may contain links or references to other websites (“ Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Chow Cafe is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

2. Notwithstanding the fact that the App may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

12. Limitation of liability

1. Dinnative Technologies (Pty) Ltd cannot be held liable for any inaccurate information published on the App or communicated via the Telephone Service and/or any incorrect prices displayed on the App or communicated via the Telephone Service, save where such liability arises from the gross negligence or wilful misconduct of Chow Cafe, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to [email protected] or by phone at 011 025 7138.

2. DINNATIVE TECHNOLOGIES (PTY) LTD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE APP(CHOW CAFE) OR TELEPHONE SERVICE, OR THE CONTENT CONTAINED IN THE APP OR COMMUNICATED VIA THE TELPHONE SERVICE; OR YOUR INABILITY TO USE THE APP OR TELEPHONE SERVICE, AND/OR UNLAWFUL ACTIVITY ON THE APP OR TELEPHONE SERVICE, AND/OR ANY LINKED THIRD PARTY WEBSITE OR MOBILE APPLICATION. SHOULD IT BE FOUND THAT CHOW CAFE IS LIABLE TO YOU, SUCH LIABILITY SHALL BE LIMITED TO THE ORDER CHARGES RELATING TO YOUR PARTICULAR ORDER.

3. YOU HEREBY INDEMNIFY DINNATIVE TECHNOLOGIES (PTY) LTD AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THE APP, TELEPHONE SERVICE AND/OR ANY LINKED THIRD PARTY WEBSITE OR MOBILE APPLICATION.

13. Availability and termination

1. We will use reasonable endeavours to maintain the availability of the App and Telephone Service, except during scheduled maintenance periods, but are entitled at any time to discontinue providing the App or Telephone Service, or any part thereof with or without notice to you.

2. Dinnative Technologies (Pty) Ltd may in its sole discretion terminate, suspend and modify the App( Chow Cafe) and/or Telephone Service, with or without notice to you. You agree that Chow Cafe will not be liable to you in the event that it chooses to suspend, modify or terminate the App or Telephone Service, other than for processing any orders made by you prior to such time, to the extent possible.

3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Food, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the App or Telephone Service, without any prejudice to any claims for damages or otherwise that we may have against you.

4. Chow Cafe is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the App or Telephone Service and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Chow Cafe to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the App or Telephone Service), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Chow Cafe, in whole or in part, on notice to you. Chow Cafe shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

5. At any time, you can choose to stop using the App or Telephone Service, with or without notice to Chow Cafe.

14. Force majeure events

1. As between you and Dinnative Technologies (Pty) Ltd, you and any Restaurant, no party will be liable to any other party for any delay or failure in performing its obligations (excluding payment obligations) in terms of these Terms and Conditions due to an event beyond its control, including but not limited to, an act of God, fire, flood, earthquake or war.

15. Governing law and jurisdiction

1. These Terms and Conditions, the relationship between you and Dinnative Technologies (Pty) Ltd, any Restaurant and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the App or Telephone Service will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

2. In the event of any dispute arising between you and Dinnative Technologies (Pty) Ltd, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

3. Nothing in this clause 22 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

4.

16. Notices

1. Chow Cafe hereby selects 41 Juta Street, Braamfontein, Johannesburg(with a copy to [email protected], which copy must be given in order for notice to be validly given) as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Chow Cafe may change this address from time to time by updating these Terms and Conditions.

2. You hereby select the email address and any delivery address specified with your orders as your legal address, but you may change it by giving Chow Cafe not less than 7 days’ notice in writing.

3. Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent -

1. by hand will be deemed to have been received on the date of delivery;

2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and

3. by email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the email. All emails sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day, unless the contrary is proved.

17. Information

For the purposes of the Electronic Communications and Transactions Act 2002, Dinnative Technologies (Pty) Ltd.’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the App:

0. Full name: Dinnative technologies (Pty) Ltd, a private company registered in South Africa with registration number 2017280514.

1. Main business: Food ordering

2. Physical address for receipt of legal service (also postal and street address) : 41 Juta Street, Braamfontein, Johannesburg (marked for attention: CEO and Legal), with a copy to [email protected], which copy must be given in order for notice to be validly given

Restaurants’ information is available in the relevant Product listing and/or via the customer support centre contactable at 011 025 7138.

18. General

0. Chow Cafe may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the App or Telephone Service, or the user’s right to use the App or Telephone Service, or any of its contents, subject to us processing any orders then already made by you.

1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

2. Any failure on the part of you or Chow Cafe to enforce any right in terms hereof shall not constitute a waiver of that right.

3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

5. No indulgence, extension of time, relaxation or latitude which either you or Chow Cafe (the “grantor”) may show, grant or allow to the other of them (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

6. These Terms and Conditions contain the whole agreement between you and Dinnative Technologies (Pty) Ltd and no other warranty or undertaking is valid unless contained in these documents.